IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 30493 of 2026 Arising Out of PS. Case No.-625 Year-2026 Thana- Excise P.S. District- Muzaffarpur ====================================================== Suman Kumar @ Randhir Kumar S/o- Late Naval Kishor Ray R/v- Jhakhra Ps- Karja Dist- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ratneshwar Prasad For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 05-05-2026 Heard Mr. Ratneshwar Prasad, learned counsel for the petitioner and Mr. Umanath Mishra, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 3.4.2026 in connection with Muzaffarpur Excise (Utpad) P.S. Case No. 625 of 2026 for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022. 3. The case of the prosecution, in brief, is that the informant who is S.I. Excise P.S. Muzaffarpur namely Satish Kumar has submitted his typed copy of application before S.H.O. Excise P.S. Muzaffarpur on 2.4.2026 alleging there in that on 2.4. 2026 he got secret information that in Jhakra village Under Karja P.S. under the tree and Bushes (Jhari) Suman Kumar @ Randhir Kumar (Petitioner) Mandhir Kumar werekept Patna High Court CR. MISC. No. 30493 of 2026(2) dt.05-05-2026 2/4 foreigin liquor and store it for distribution. It is further alleged that on such information he informed to his higher officers and constitute a raiding team. It is further alleged that he along with other police persons reached pointed place, seeing the police two persons wanted to flee one person apprehended by police. It is further alleged that apprehended person disclosed his name Suman Kumar Randhir Kumar ( petitioner ) It is further alleged that on search near Tree, Jhari (Bushes) and from the Tin trunk Total 345 liters 600 mililiter/foreign liquor was recovered. It is further alleged that apprehended person disclosed his associates name is Mandhir Kumar and one Rakesh Kumar. It is further alleged that in the presence of police as witness seizure list was prepared. 4. Learned counsel for the petitioner submits petitioner has clean antecedent and it appears from the FIR and seizure list that recovery has been made from the bush and the petitioner has no role at all in the present occurrence and some persons were arrested from the place of occurrence and petitioner has disclosed that he was involved in the present crime in question. It is next submitted that altogether 1345 liters 600 mililiter/foreign liquor was recovered from the place of occurrence. It is next submitted that from perusal of the seizure Patna High Court CR. MISC. No. 30493 of 2026(2) dt.05-05-2026 3/4 list it appears that the seizure list witnesses are police personnel so there is non-compliance of mandatory provisions of Sections 103 and 105 of BNSS, 2023 and petitioner is in custody since 3.4.2026. 5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, Muzaffarpur in connection with Muzaffarpur Excise (Utpad) P.S. Case No. 625 of 2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall Patna High Court CR. MISC. No. 30493 of 2026(2) dt.05-05-2026 4/4 verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Gaurav Sinha/- (Rajesh Kumar Verma, J) U T